Justice Division Asks Supreme Courtroom to Block Texas Abortion Legislation

Oct. 19, 2021

The Division of Justice has filed a short requesting the U.S. Supreme Courtroom quickly block a extremely restrictive abortion legislation in Texas.

Supreme Courtroom Justice Samuel A. Alito Jr. has requested officers in Texas to file a response to the Justice Division by midday Thursday, which means the Excessive Courtroom could act extra shortly than regular, The New York Occasions reported.

The Justice Division additionally requested the Supreme Courtroom to hurry up the method and deal with the Texas legislation’s constitutionality this calendar 12 months, The Occasions stated. If that occurs, an appeals court docket listening to scheduled for December could be bypassed.

The Texas legislation went into impact Sept. 1 and prohibits abortion as soon as a fetal heartbeat is detected, which is often round 6 weeks.

The Justice Division temporary stated the legislation “just about eradicated entry to abortion in Texas after six weeks of being pregnant. Texas has, briefly, efficiently nullified this court docket’s choices inside its borders.”

The Supreme Courtroom legalized abortion with the Roe vs. Wade choice in 1972. Since then, the Justice Division temporary stated, the court docket has dominated many occasions that “a State could not prohibit any lady from making the final word choice to terminate her being pregnant earlier than viability” – usually accepted as 22-24 weeks into the being pregnant.

The Texas legislation “defies these precedents by banning abortion lengthy earlier than viability — certainly, earlier than many ladies even notice they’re pregnant,” the temporary stated.

The legislation additionally has an uncommon characteristic that enables a citizen of Texas to convey civil fits in opposition to anybody who helps a pregnant individual searching for an abortion, if solely by giving them a trip to a clinic.

A couple of days after the legislation went into impact, President Joe Biden stated he would launch a wide-reaching federal effort to overturn the “weird” statute.

The U.S. Supreme Courtroom declined by a 5-4 vote Sept. 1 to behave on emergency appeals to place the legislation on maintain. A federal decide in Texas dominated Oct. 6 that enforcement of the brand new legislation might be halted whereas it really works its method by court docket. However the Fifth Circuit Courtroom of Appeals on Oct. 14 dominated that the legislation can stay in impact whereas it’s litigated.

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